(Click for 2020 ranking)
Overall dispute cause
1
2
3 (tie)
Errors and/or omissions in the contract document
Owner/Contractor/ Subcontractor failing to understand and/or comply with its contractual obligations
Owner-directed changes
Poorly drafted or incomplete and unsubstantiated claims became the top cause of construction disputes for 2021.
Errors and/or omissions in the contract documents also appeared on the list this year as a top cause. Neither of these appeared in the top three in 2020.
Next: Methods of dispute resolution
1/4
NA
NA
1, 2
1
3
2
(Click for 2020 ranking)
Mediation
Adjudication
Party-to-party negotiation
Most common methods of alternative dispute resolution
Next: Effective claims avoidance
2/4
3 (tie)
1
2
Next: Factors in safety resolution
3/4
Constructability reviews
Risk management
Contract and specification reviews
(Click for 2020 ranking)
Most effective claims avoidance techniques
1
2
3
Next: Overall dispute causes
4/4
Contractor transparency of cost data in support of claimed damages
Accurate and timely schedules and reviews by project staff or third parties
Owner/contractor willingness to compromise
(Ranking unchanged from 2020)
Most important factors in the mitigation/early resolution of disputes
2021
2020
Poorly drafted or incomplete and unsubstantiated claims
1
2
3 (tie)
(Click for 2020 ranking)
Owner/Contractor/ Subcontractor failing to understand and/or comply with its contractual obligations
Owner-directed changes
Errors and/or omissions in the contract document
Poorly drafted or incomplete and unsubstantiated claims
Overall dispute cause
Next: Methods of dispute resolution
1/4
NA
NA
1, 2
Next: Effective claims avoidance
2/4
Mediation
Adjudication
Party-to-party negotiation
Most common methods of alternative dispute resolution
(Click for 2020 ranking)
2
3
1
Next: Factors in safety resolution
3/4
Constructability reviews
Risk management
Contract and specification reviews
(Click for 2020 ranking)
Most effective claims avoidance techniques
3 (tie)
1
2
Next: Overall dispute causes
4/4
Contractor transparency of cost data in support of claimed damages
Accurate and timely schedules and reviews by project staff or third parties
Owner/contractor willingness to compromise
(Ranking unchanged from 2020)
Most important factors in the mitigation/early resolution of disputes
1
2
3
1
2
3
1
2
3
1
2
3
1
2
3